Current through Reg. 49, No. 38; September 20, 2024
(a) The playback
machine is a digital talking book machine. Equipment may be distributed by the
National Library Service to the agency for loan to borrowers, purchased by
borrowers, or purchased by the agency for loan to borrowers. All loaned
equipment is subject to be returned to the agency by borrowers when requested
to do so. Damage or loss of equipment may cause a borrower's account to not be
in good standing.
(1) Loan period. Playback
equipment may be loaned to any borrower who continues to meet eligibility
requirements for service and who maintains an account in good standing.
Equipment and accessories are loaned free of charge. A borrower may keep
playback equipment for as long as the borrower remains in the program and
maintains active status.
(2)
Replacement of equipment. An active borrower may request replacement of
equipment if experiencing difficulty in using equipment or equipment does not
operate properly. A borrower may be required to return current equipment before
replacement equipment is sent to borrower.
(3) Number of loaned equipment allowed. An
active individual borrower may not have more than one of each type of playback
equipment on loan at any given time. An active institutional borrower may have
more than one of each type of playback equipment on loan at any given time if
the institution serves a number of active individual borrowers and machines are
available for loan.
(4) Ownership
of equipment and accessories. Some playback equipment, amplifiers, headphones,
and remote controls distributed by the agency or the National Library Service
are the property of the federal government. Any equipment purchased by the
agency for loan to borrowers is the property of the agency.
(5) Repair of playback equipment. Only the
agency is authorized to make repairs to playback equipment on loan to Texas
borrowers, or to make the determination that a machine is damaged beyond
repair. A machine that needs repair must be returned to the agency, which will
provide a replacement machine. Under no circumstances should a borrower or any
other person attempt to repair the playback equipment or accessories.
(6) Accessories for use with the digital
talking book machine may be requested through the agency.
(7) Non-transferal of equipment. Borrowers
must not lend, sell, or otherwise transfer playback equipment to other
persons.
(8) Return of equipment.
Playback equipment and accessories must be returned to the agency if the
borrower ceases to actively use the service or no longer meets eligibility
requirements for the service.
(9)
Lost and damaged machines. A borrower is responsible for the good upkeep of any
equipment loaned to that borrower. A borrower who repeatedly damages or loses
equipment will not receive an automatic replacement, and a moratorium on future
loans may be placed on the borrower's account. Borrowers may also face
suspension of services in cases of flagrant abuse of equipment.
(10) Misuse of equipment. Borrowers who cause
damage to equipment through negligence, intentional act, or failure to exercise
reasonable care to safeguard or maintain the equipment or who use the equipment
in an unauthorized manner may have their service suspended temporarily or
permanently, depending on the severity or frequency of the damage or
unauthorized use.
(11) Recall of
equipment. Equipment may be recalled for the following reasons:
(A) periodic maintenance, either scheduled or
unscheduled;
(B) as part of a
recall issued by the National Library Service;
(C) for the purpose of repairing the
machine;
(D) for non-cooperation on
the part of the borrower with staff who are implementing and/or enforcing
program policies and procedures;
(E) for a borrower's failure to adhere to the
patron loan policy, the program's policies and procedures, and/or for abusive,
destructive, or threatening behavior toward staff and property of National
Library Service and of the agency;
(F) when a borrower no longer meets
eligibility requirements for service, ceases to be an active borrower, or is
deceased; and
(G) for any other
reason or occasion, as determined by staff in accordance with policies and
procedures of the program and/or guidelines provided by the National Library
Service.
(b)
If a borrower's machine is recalled, a replacement machine will be issued,
dependent on the reason for the recall and the availability of a replacement
machine. In the case of a general or wide-ranging recall, staff will notify
borrowers affected by the recall in as reasonable a timeframe as possible. A
borrower who does not cooperate with staff in the recall of equipment may have
the loan of that equipment revoked for a period of time in accordance with the
program's policies and procedures. A moratorium on future loans of equipment
also may be placed on the borrower's account.
(c) Required audits of equipment. A borrower
must cooperate with the agency in the auditing of any loaned equipment. Staff
may conduct periodic, limited audits, in accordance with guidelines provided by
the National Library Service, in which a set number of machines selected for
audit must be located and reported as being in the assigned location. Staff may
also conduct a regular audit of all equipment, in which all equipment must be
located and accounted for. A borrower who does not cooperate with staff
conducting an audit may have the loan of all equipment revoked and a moratorium
on future loans of equipment placed on the account.
